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2002 Supreme(MP) 943

S.P.KHARE
ARJUN SINGHAL – Appellant
Versus
PUSHPA KARWAL – Respondent


Advocates Appeared:
ASHISH TIVARI

S. P. KHARE, J.

( 1 ) THIS is a reference under Section 113, CPC by the Fourth Additional District Judge, Jabalpur for the opinion of this Court on the point whether the case is triable by him or the Family Court, Jabalpur which has been established by the notification dated 4-3-2002 by the State Government in exercise of the powers under Section 3 of the Family Courts Act, 1984 (hereinafter to be referred to as 'the Act' ).

( 2 ) ACCORDING to the aforesaid notification the Family Court, Jabalpur has the territorial jurisdiction within the area specified in column No. 4 of the Schedule appended thereto. That area is "limits of the Municipal Corporation, Jabalpur including Cantonment area". Section 19 of the Hindu Marriage Act, 1955 provides that every petition under this Act shall be presented to the district Court within the local limits of whose ordinary civil jurisdiction (i) the marriage was solemnized; or (ii) the respondent, at the time of the presentation of the petition, resides; or (iii) the parties to the marriage last resided together; or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, resid






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